Online Banking

Disclosures

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. BY ACCESSING THIS SITE AND ANY PAGES THEREOF, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS BELOW, YOU ARE NOT AUTHORIZED TO ACCESS FLAGSHIPBANKS.COM OR ANY PAGES OR PORTIONS THEREOF.

Flagship Bank Minnesota ("we," "Flagship") maintains flagshipbanks.com ("Site") to provide you with information about Flagship Bank Minnesota products. We require that all the visitors to our Site(s) on the Internet adhere to the following rules and regulations. By accessing the Site, you indicate your acknowledgment and acceptance of these terms and conditions. From time to time we may revise these terms and conditions.

SECURITY. At flagshipbanks.com, we use "256 Bit SSL" or better to secure information you submit to us. As stated in the notice on our "contact us" page, e-mails you send to us are NOT secure; therefore, you should not include any personal information in your e-mails. If you need to send a secure email, please contact a banker and we will direct you to our secure file transfer site.

COPYRIGHT. Copyright in the pages, screens, text and images appearing at the Site is owned by Flagship Bank Minnesota or others as indicated. The information and materials contained in the Site may not be copied, displayed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work or otherwise used for public or commercial purposes without express written permission of Flagship Bank Minnesota.

LICENSE AND SITE ACCESS. We grant you limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Flagship Bank Minnesota. This license does not include any resale or commercial use of this Site or its contents. Any reproduction, duplication, copying, selling or reselling, visiting, or other use of this Site or any content thereof for any commercial purpose is expressly prohibited without written consent of Flagship Bank Minnesota. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of flagshipbanks.com without express written consent from Flagship Bank Minnesota. You may not use any meta tags or any other "hidden text" utilizing the Flagship Bank Minnesota name or trademarks or those of any Flagship Bank Minnesota affiliates without express written consent of Flagship Bank Minnesota.

DISCLAIMER AND LIMITATIONS. THIS SITE IS PROVIDED BY FLAGSHIP BANK MINNESOTA ON AN "AS IS" BASIS. FLAGSHIP BANK MINNESOTA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS OR SERVICES INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FLAGSHIP BANK MINNESOTA DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BY USING THIS SITE, YOU AGREE FLAGSHIP BANK MINNESOTA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.

SITE CONTENT. This Site provides users with the opportunity to send e-mails, comments, questions, or other information. Users are prohibited from e-mailing, submitting or posting content that is, in Flagship Bank Minnesota's sole discretion, deemed to be obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, including but not limited to political campaigning, commercial solicitation, chain letters, mass mailings, and/or any form of "spam". You are prohibited from introducing any content to the Site that may contain software viruses. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead Flagship Bank Minnesota as to the origin of e-mail or other content. We reserve the right to remove or delete any user content that is considered undesirable, in our sole discretion.

ERRORS AND DELAYS. We are not responsible for any errors or delays in responding to an email or qualification form caused by an incorrect e-mail address provided by you or other technical problems beyond our control.

GOVERNING LAW. This Site and the content herein is published for use in the United States and territories hereof, and may not be used or downloaded in other countries. This agreement shall be subject to and construed in accordance with the laws of the State of Minnesota, excluding its conflict of law principles. By using this Site, you hereby consent to the exclusive jurisdiction and venue of courts in Minneapolis, Minnesota, U.S.A., in all disputes arising out of or relating to the use of this Site or the interpretation of this Agreement. Use of this Site in all jurisdiction that does not give full effect to all provisions of these terms and conditions, including but not limited to, this paragraph is expressly forbidden.

GENERAL. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimer and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue on effect. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved. No delay, waiver, forbearance, or omission by Flagship Bank Minnesota to exercise any power or rights arising out of this Agreement shall affect or impair its rights nor constitute a waiver of any right hereunder.

This agreement sets out the terms and conditions on which wireless internet access (“the Service”) is provided free of charge to you, “The User.”

Your access to the Service is completely at the discretion of the Flagship Bank Minnesota. Access to the Service may be blocked, suspended, or terminated at any time for any reason including, but not limited to, violation of this Agreement, actions that may lead to liability for Flagship Bank Minnesota, disruption of access to other users or networks, and violation of applicable laws or regulations. Flagship Bank Minnesota reserves the right to monitor and collect information while you are connected to the Service and that the collected information can be used at discretion of Flagship Bank Minnesota, including sharing the information with any law enforcement agencies, Flagship Bank Minnesota partners and/or Flagship Bank Minnesota vendors.

Flagship Bank Minnesota may revise this Agreement at any time. You must accept this Agreement each time you use the Service and it is your responsibility to review it for any changes each time.

We reserve the right at all times to withdraw the Service, change the specifications or manner of use of the Service, to change access codes, usernames, passwords or other security information necessary to access the service.

IF YOU DO NOT AGREE WITH THESE TERMS, INCLUDING CHANGES THERETO, DO NOT ACCESS OR USE THE SERVICE.

1. DISCLAIMER You acknowledge

that the Service may not be uninterrupted or error-free;

that your device may be exposed to viruses or other harmful applications through the Service;

that Flagship Bank Minnesota does not guarantee the security of the Service and that unauthorized third parties may access your computer or files or otherwise monitor your connection;

that Flagship Bank Minnesota’s ability to provide the Service without charge is based on the limited warranty, disclaimer and limitation of liability specified in this Section and it would require a substantial charge if any of these provisions were unenforceable;

that Flagship Bank Minnesota can at any point block access to Internet Services that they deem violate the acceptable terms of use outlined in 2.1.

The service and any products or services provided on or in connection with the service are provided on an "as is", "as available" basis without warranties of any kind. All warranties, conditions, representations, indemnities and guarantees with respect to the content or service and the operation, capacity, speed, functionality, qualifications, or capabilities of the services, goods or personnel resources provided hereunder, whether express or implied, arising by law, custom, prior oral or written statements by Flagship Bank Minnesota, or otherwise (including, but not limited to any warranty of satisfactory quality, merchantability, fitness for particular purpose, title and non-infringement) are hereby overridden, excluded and disclaimed. Flagship Bank Minnesota does not warrant that the Service will perform at a particular speed, or will be uninterrupted, error-free or secure.

2. ACCEPTABLE USE OF THE SERVICE

2.1 You must not use the Service to access Internet Services, or send or receive e-mails, which:

2.1.1 are defamatory, threatening, intimidating or which could be classed as harassment;

2.1.6 in our reasonable opinion may adversely affect the manner in which we carry out our work;

2.1.7 are bulk and/or commercial messages;

2.1.8 contain forged or misrepresented message headers, whether in whole or in part, to mask the originator of the message;

2.1.9 are activities that invade another’s privacy; or

2.1.10 are otherwise unlawful or inappropriate;

2.2 Music, video, pictures, text and other content on the internet are copyright works and you should not download, alter, e-mail or otherwise use such content unless certain that the owner of such works has authorized its use by you.

2.3 You must not use the service to access illegally or without authorization computers, accounts, equipment or networks belonging to another party, or attempting to penetrate security measures of another system. This includes any activity that may be used as a precursor to an attempted system penetration, including, but not limited to, port scans, stealth scans, or other information gathering activity.

2.4 You must not use the service to distribute Internet Viruses, Trojan Horses, or other destructive software.

2.5 The Service is intended for Flagship Bank Minnesota guest use only. Access to this Service must not be used for commercial activity.

2.6 We may terminate or temporarily suspend the Service if we reasonably believe that you are in breach of any provisions of this agreement including but not limited to clauses 2.1 to 2.5 above.

2.7 We recommend that you do not use the service to transmit or receive any confidential information or data and should you choose to do so you do so at your own risk.

3. CRIMINAL ACTIVITY

3.1 You must not use the Service to engage in any activity which constitutes or is capable of constituting a criminal offense, either in the United States or in any country throughout the world.

3.2 You agree and acknowledge that we may be required to provide assistance and information to law enforcement, governmental agencies and other authorities.

3.3 You agree and acknowledge that we will monitor your activity while you use this service and keep a log of the Internet Protocol (“IP”) addresses of any devices which access the Service, the times when they have accessed the Service and the activity associated with that IP address

3.4 You further agree we are entitled to co-operate with law enforcement authorities and rights-holders in the investigation of any suspected or alleged illegal activity by you which may include, but is not limited to, disclosure of such information as we have (whether pursuant to clause 3.3 or otherwise), and are entitled to provide by law, to law enforcement authorities or rights-holders.

4. OTHER TERMS

4.1 Under no circumstances will Flagship Bank Minnesota, their suppliers or licensors, or their respective officers, directors, employees, agents, and affiliates be liable for consequential, indirect, special, punitive or incidental damages, whether foreseeable or unforeseeable, based on claims of the Guest or its appointees (including, but not limited to, unauthorized access, damage, or theft of your system or data, claims for loss of goodwill, claims for loss of data, use of or reliance on the service, stoppage of other work or impairment of other assets, or damage caused to equipment or programs from any virus or other harmful application), arising out of breach or failure of express or implied warranty, breach of contract, misrepresentation, negligence, strict liability in tort or otherwise.

4.2 You agree to indemnify and hold harmless Flagship Bank Minnesota and its suppliers, licensors, officers, directors, employees, agents and affiliates from any claim, liability, loss, damage, cost, or expense (including without limitation reasonable attorney's fees) arising out of or related to your use of the Service, any materials downloaded or uploaded through the Service, any actions taken by you in connection with your use of the Service, any violation of any third party's rights or an violation of law or regulation, or any breach of this agreement. This Section will not be construed to limit or exclude any other claims or remedies that Flagship Bank Minnesota may assert under this Agreement or by law.

4.3 This Agreement shall not be construed as creating a partnership, joint venture, agency relationship or granting a franchise between the parties. Except as otherwise provided above, any waiver, amendment or other modification of this Agreement will not be effective unless in writing and signed by the party against whom enforcement is sought. If any provision of this Agreement is held to be unenforceable, in whole or in part, such holding will not affect the validity of the other provisions of this Agreement.

4.4 Flagship Bank Minnesota’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement shall waive or impede the Flagship Bank Minnesota’s right to comply with law enforcement requests or requirements relating to your use of this Service or information provided to or gathered by Flagship Bank Minnesota with respect to such use. These terms of service will be governed by and construed in accordance with the laws of the State of Minnesota. Venue with regard to any dispute shall be in Minneapolis, Minnesota. This Agreement constitutes the complete and entire statement of all terms, conditions and representations of the agreement between you and Flagship Bank Minnesota with respect to its subject matter and supersedes all prior writings or understanding.

By agreeing to the terms of service, I confirm that I accept these terms and conditions as the basis of my use of the wireless internet access provided.